Case Studies Regulations Revised April 2015 1 You

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Case Studies Regulations Revised April 2015

Case Studies Regulations Revised April 2015

#1 • You are a parent at an elementary school in Uxbridge, MA. You

#1 • You are a parent at an elementary school in Uxbridge, MA. You are concerned that your child’s IEP is not being implemented as written and accepted. Your son’s high school IEP service grid states that he should receive Academic Support in Math 5 x 45 from June 12, 2014 - – June 12, 2015. The first quarter you received progress reports in Math. The second quarter you received nothing. You call the guidance counselor and your son’s Team Chair. The Team Chair never returns your call. The guidance counselor reports that your son did not receive progress reports because he did not take a math course the second semester. Do you have a legitimate concern? What law(s) apply?

1# Uxbridge • 603 CMR 28. 05 (7) (B) Upon parental response to the

1# Uxbridge • 603 CMR 28. 05 (7) (B) Upon parental response to the proposed IEP and proposed placement, the school district shall implement all accepted elements of the IEP without delay.

#2 • You are a parent of a third grade child who has extreme

#2 • You are a parent of a third grade child who has extreme attention deficit disorder with hyperactivity. Because of his impulsivity he has gotten into some trouble such as stealing hot dogs off peer’s lunch plates and running into peers without watching where he was going. Academically he is doing well but when he is bored he distracts other children. You are at an IEP team eligibility meeting and you are upset because the IEP team wants to determine your son eligible with an emotional impairment. You want his IEP to state that he has ADHD. Do you have a legitimate concern? What law(s) apply?

#2 Definitions • 28. 02: (7) (f) (i) • (7) Disability shall mean one

#2 Definitions • 28. 02: (7) (f) (i) • (7) Disability shall mean one or more of the following impairments: • (f) Emotional Impairment - As defined under federal law at 34 CFR § 300. 8(c)(4), the student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. The determination of disability shall not be made solely because the student's behavior violates the school's discipline code, because the student is involved with a state court or social service agency, or because the student is socially maladjusted, unless the Team determines that the student has a serious emotional disturbance. • (i) Health Impairment - A chronic or acute health problem such that the physiological capacity to function is significantly limited or impaired and results in one or more of the following: limited strength, vitality, or alertness including a heightened alertness to environmental stimuli resulting in limited alertness with respect to the educational environment. The term shall include health impairments due to asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia, if such health impairment adversely affects a student's educational performance.

#3 • 3. You are a Kindergarten teacher. You are at an annual review

#3 • 3. You are a Kindergarten teacher. You are at an annual review Team meeting for one your students. The student is on an IEP for related services only due to developmental speech language delays. At the meeting the parent and her advocate are demanding that the kindergartner receive specialized transportation on her IEP. The parent has been driving her child to school this year to avoid having her kindergartner ride a bus with the middle and high school students. Last year the district provided separate busing for elementary and the middle/high school students but due to budget cuts the district has consolidated their transportation routes. The speech language therapist is agreeing with the parent. What does the law require you to consider? What is your presenting opinion at the Team meeting? What federal or state, or local law applies?

#3 • 28. 05: (5)(a) • Regular transportation. If the student does not require

#3 • 28. 05: (5)(a) • Regular transportation. If the student does not require transportation as a result of his or her disability, then transportation shall be provided in the same manner as it would be provided for a student without disabilities. In such case, the IEP shall note that the student receives regular transportation, and if the school district provides transportation to similarly situated students without disabilities, the eligible student shall also receive transportation.

#4 Milton High school built a brand new high school in 2007. A wheel

#4 Milton High school built a brand new high school in 2007. A wheel chair bound student with spina bifida (who does not have an IEP), filed a complaint against the school district with the Office of Civil Rights (OCR) because the new school did not have handicapped doors. The school administrators claim that the school was in compliance with all building codes and that all architectural plans were approved by local building inspectors. Does the student have a legitimate case? What federal, state, or local law applies?

#4 American’s with Disabilities Act A lack of handicapped doors does not prevent access.

#4 American’s with Disabilities Act A lack of handicapped doors does not prevent access.

#5 A parent in your preschool class has requested a 504 plan for her

#5 A parent in your preschool class has requested a 504 plan for her daughter. She is familiar with 504 plans because her son who is in second grade has a 504 plan. She wants her 504 plan to state that the child will require that all students in her daughter’s preschool class have peanut free snacks and require that there be no peanut products in any classroom that the child attends. Can the child have a 504 plan? If so, can the 504 plan contain the parent’s requests? What federal, state, or local law(s) apply?

504 Does not apply.

504 Does not apply.

#6 A 5 th grade student is attending St. Mary’s private Catholic school, at

#6 A 5 th grade student is attending St. Mary’s private Catholic school, at private pay. She has a reading disability. The parents want the school district to implement a 504 plan and provide her with classroom accommodations such as books on tape, oral tests, and oral reading of textbook material. Does the school have to implement these accommodations? What federal or state, or local law applies?

#6 No law applies. The school can write a 504 plan but the Catholic

#6 No law applies. The school can write a 504 plan but the Catholic school is not required to implement it as it does not receive Federal funding.

#7 You are a 5 th grade teacher at an elementary school in Quincy.

#7 You are a 5 th grade teacher at an elementary school in Quincy. You were recently told that you are getting a new student who will be enrolling the second week of November. You are concerned because the student has spina bifida and requires a wheel chair at all times. The elementary school building is only handicapped accessible on the first floor. Your classroom and all the other 5 th grade classes are located on the third floor of the building. How does your principal proceed? What options and obstacles does the school have? What federal or state, or local law applies? ADA

#7 • ADA • Americans with Disabilities Act

#7 • ADA • Americans with Disabilities Act

#8 • 8. You are teacher of an 8 th grade student who insists

#8 • 8. You are teacher of an 8 th grade student who insists he is transgendered. He is currently wearing makeup, dresses and high heels on a daily basis. He is one of your students. He has approached you stating that because he is “female” he wants access to the girl’s bathroom facilities and plans on initiating that plan of action. One person recommends that a 504 plan be developed to ensure these accommodations. Can you develop a 504 plan for this student? As his teacher, what are the student’s rights based on educational law, and the rights of other students? What federal or state, or local law applies?

#8 • An Act Relative to Gender Identity (Chapter 199 of the Acts of

#8 • An Act Relative to Gender Identity (Chapter 199 of the Acts of 2011), which became effective on July 1, 2012, amended several Massachusetts statutes prohibiting discrimination on the basis of specified categories, to include discrimination on the basis of gender identity. Among the statutes amended is G. L. c. 76, § 5, prohibiting discrimination on the basis of gender identity against students who enroll in or attend the public schools. G. L. c. 76, § 5 now reads as follows: • Every person shall have a right to attend the public schools of the town where he actually resides, subject to the following section. No school committee is required to enroll a person who does not actually reside in the town unless said enrollment is authorized by law or by the school committee. Any person who violates or assists in the violation of this provision may be required to remit full restitution to the town of the improperly-attended public schools. No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation. (Emphasis added) • //gbkeegbaiigmenfmjfclcdgdpimamgkj/views/app. html? uuid=7 cf 5 f 3 b 5 -a 7 c 8 -4 fea-fb 42293 c 1 f 308 c 8 d

#9 • You are an elementary teacher. You unexpectedly get a letter from one

#9 • You are an elementary teacher. You unexpectedly get a letter from one of your student’s parents informing you that the student has been diagnosed with cancer and for the duration of the year, the student will have frequent absences during chemo treatments. The parent provides you with written documentation from a physician. The parent is requesting tutoring services at home. The parent can not predict the frequency or duration of the student’s future absences from school. Is the school required to provide tutoring services? If so what kind and for how long? This student has been an excellent student and has a 98 average in all classes. As his teacher, what is your immediate plan of action? What federal or state, or local law applies?

#9 • 603 CMR 28. 03(3)(c) • (3) Responsibilities of the School Principal. •

#9 • 603 CMR 28. 03(3)(c) • (3) Responsibilities of the School Principal. • (c) Educational services in home or hospital. Upon receipt of a physician's written order verifying that any student enrolled in a public school or placed by the public school in a private setting must remain at home or in a hospital on a day or overnight basis, or any combination of both, for medical reasons and for a period of not less than fourteen school days in any school year, the principal shall arrange for provision of educational services in the home or hospital. Such services shall be provided with sufficient frequency to allow the student to continue his or her educational program, as long as such services do not interfere with the medical needs of the student. The principal shall coordinate such services with the Administrator of Special Education for eligible students. Such educational services shall not be considered special education unless the student has been determined eligible for such services, and the services include services on the student's IEP.

#10 • You are a second grade teacher. You have referred a child to

#10 • You are a second grade teacher. You have referred a child to the child study team because the student is not making effective progress. The child study team meets and decides to provide the child with support from the reading specialist. The reading specialist has been working with the student 30 minutes every day and reports that the student is making significant progress. As the classroom teacher, you get a written request from the parent asking the school to conduct a special education evaluation. You take the principal the letter. The principal advises you to call the parent and report the child’s improvements. He tells you to tell the parent that you recommend that testing should not be done at the present time. What do you do? What does the law require you to do? What federal or state, or local law applies?

#10 • 28. 04 (1)(a) Referral and Evaluation • (1) Referral for Initial Evaluation.

#10 • 28. 04 (1)(a) Referral and Evaluation • (1) Referral for Initial Evaluation. A student may be referred for an evaluation by a parent or any person in a caregiving or professional position concerned with the student's development. • (a) When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student's parent(s) within five school days of receipt of the referral.

#11 • You are a 6 th grade teacher. Two weeks ago you received

#11 • You are a 6 th grade teacher. Two weeks ago you received a new student in your class. The student was homeschooled previously and never attended school before. You immediately put the student in for a student assistance team meeting. You know it is the school’s policy to go through RTI and pre-referral interventions but you are absolutely sure that the student is a special education student. You circumvent the school based intervention procedure and ask the parent to write a referral for a full evaluation which she does. You base the urgency on the fact that the student is in 7 th grade. While she knows her letters and can read small words her decoding skills are a t a first grade level. In math she can count and add but only single digit numbers. Her skills are dramatically below grade level. Do you have a legitimate concern? What action is the school mandated to take and what federal or state laws apply?

#11 • 28. 05 (2) (a) (i) : The Team Process and Development of

#11 • 28. 05 (2) (a) (i) : The Team Process and Development of the IEP • (2) Determinations of the Team. • (a) Eligibility determination. The Team shall examine the evaluative data, including information provided by the parent, and make one of the following determinations: • (i) Consistent with state and federal special education law, the Team shall establish whether a student has a disability(ies) as defined in 603 CMR 28. 02(7), determine the type(s) of disability(ies) and shall ensure that the student's inability to progress is a result of the disability(ies) and not a result of an inability to meet the school discipline code, limited English proficiency, social maladjustment, or lack of instruction in reading or math.

#12 • You are an elementary teacher who has several students involved in an

#12 • You are an elementary teacher who has several students involved in an elementary school play. Because your elementary school is small and does not have a stage, the final week of rehearsals and actual play is being held at the middle school which is two blocks away from your school. All of the elementary students walk. You were contacted by a parent of a special needs autistic student who is requesting special transportation from the elementary school to the middle school and a 1: 1 aide to accompany the child during these two weeks. The parent provides you with the student’s IEP. The IEP requires a 1: 1 aide and special transportation for six hours a day five days a week. What do you do? What does the law require you to do? What federal or state, or local law applies?

#12 • 28. 06(5) 28. 06: Placement and Service Options (5) Access to district

#12 • 28. 06(5) 28. 06: Placement and Service Options (5) Access to district programs. All students receiving special education, regardless of placement, shall have an equal opportunity to participate in and, if appropriate, receive credit for the vocational, supportive, or remedial services that may be available as part of the general education program as well as the non-academic and extracurricular programs of the school.

#13 • You are a 6 th grade science teacher. The administration has given

#13 • You are a 6 th grade science teacher. The administration has given your class schedule for next year. Your schedule indicates that you will be co-teaching two periods of science with a special education teacher. You notice that there are 15 students in one class. Twelve students are on IEPs, two are on 504 plans and one is a beginning English language learner who recently moved from Portugal. You notice that the service delivery grids of the 12 IEP students are in the B grid, indicating that their placement is identified as fully inclusive in the general education setting. Is your course a general education course full inclusion course? What do you do? What does the law require you to do? What federal or state, or local law applies?

#13 • 28. 06(2)(c): Placement and Service Options • (2) Determining placement. • a)

#13 • 28. 06(2)(c): Placement and Service Options • (2) Determining placement. • a) The decision regarding placement shall be based on the IEP, including the types of related services that are to be provided to the student, the type of settings in which those services are to be provided, the types of service providers, and the location at which the services are to be provided. • (c) Least restrictive environment (LRE). The school district shall ensure that, to the maximum extent appropriate, students with disabilities are educated with students who do not have disabilities, and that special classes, separate schooling, or other removal of students with special needs from the general education program occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

#14 • You are a special education teacher at a middle high school. You

#14 • You are a special education teacher at a middle high school. You just received notice that you will received a new student who has an IEP from the state of California. The student is diagnosed with primary progressive multiple sclerosis where the symptoms just gradually get worse without remission. The student had has negative reactions to primary immunosuppressive drugs such as Interferon Beta, methotrexate, and glatiramer acetate. As a result, the student has been prescribed daily doses of cannabis to help alleviate spasticity, seizures, and neuropathy. Recent research indicates that cannabis is a selective immunosuppressant and protects the integrity of myelin. Cannabis increases levels of Interleukin 6 which in turn provides a selective immunomodulating effect and also is as a powerful antiinflammatory and anti-oxidant. As California is one of 16 medical marijuana states in the country, the student’s California IEP requires that the student smoke pot once a day before lunch. Your school district has a zero tolerance policy on drugs in and on school grounds. You have a meeting at 4; 00 today to meet with the special education director, the school nurse and the principal. What position do you bring to the meeting? What does the law require you to do? What federal or state, or local law applies?

# 15 You are a 4 th grade teacher. You are concerned because your

# 15 You are a 4 th grade teacher. You are concerned because your three 4 th grade students who receive speech language services are complaining that they have to “go back to Kindergarten” and they “are not Kindergartners anymore”. The parent’s are complaining that this is stigmatizing to their children. The speech language therapist’s room is located in the Pre-school Kindergarten wing. The location of the class was determined by the principal. His decision was based on his observations that preschoolers and Kindergartners have difficulty with transitions, have difficulty navigating the school, and the bulk of the speech therapist’s case load is in the early childhood program. Is the school out of compliance?

 • No law applies

• No law applies

#16 • You are the parent of a third grader. Your son has been

#16 • You are the parent of a third grader. Your son has been struggling with reading since second grade. Teachers have commented that he is just a boy and that he is making progress. They reported that boys have slower rates of skill acquisition and that your son is developmentally appropriate. You have worked with him at home and see him struggle with decoding and he has difficulty keeping up with his homework. You attend a presentation offered at another school on dyslexia and come home convinced that your son has dyslexia. It is May 19, 2015 and you write a letter requesting that your son be evaluated for special education in the area reading. Two weeks later you get a letter in the mail stating that you will receive consent to evaluate in September. The letter states that no referrals are accepted after May 15 because there is not enough time to do testing as school ends on June 7 th in three weeks. You do not think this is right and you can’t understand why the school will not test him immediately, especially because you have addressed his reading difficulties with the school for the past two years. Do you have a legitimate concern? What law(s) apply?

#16 28: 04(1)(a) • 28. 04: Referral and Evaluation & 28: 05(1) • (1)

#16 28: 04(1)(a) • 28. 04: Referral and Evaluation & 28: 05(1) • (1) Referral for Initial Evaluation. A student may be referred for an evaluation by a parent or any person in a caregiving or professional position concerned with the student's development. (a) When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student's parent(s) within five school days of receipt of the referral. AND Evaluation & 28: 05(1) 28. 05: The Team Process and Development of the IEP (1) Convening the Team. Within 45 school working days after receipt of a parent's written consent to an initial evaluation or reevaluation, the school district shall: provide an evaluation; convene a Team meeting to review the evaluation data, determine whether the student requires special education and, if required, develop an IEP in accordance with state and federal laws.

#17 • You are a first year, second grade teacher in an urban district.

#17 • You are a first year, second grade teacher in an urban district. Two days before the start of school you receive your class roster. You have been assigned 32 students. Eleven of the students are on IEPs with varied disabilities. You think there has been a mistake because according to 603 CMR 28: 06(c) a special education teacher can have no more than 8 students, and if there is a classroom aide present, the law states that you can only have 12 students on IEPs in the classroom. You are a general education teacher and you have 11 special education students and no aide. What do you do? What does the law require you to do? What federal or state, or local law applies?

#18 • No Law Applies – this is a general education. Instructional Group Size

#18 • No Law Applies – this is a general education. Instructional Group Size only applies to • 28. 06: Placement and Service Options • (6) Instructional grouping requirements. • (c) Instructional grouping size requirements are maximum sizes and school districts are expected to exercise judgment in determining appropriate group size and supports for smaller instructional groups serving students with complex special needs. When eligible students are assigned to instructional groupings outside of the general education classroom for 60% or less of the students' school schedule, group size shall not exceed eight students with a certified special educator, 12 students if the certified special educator is assisted by one aide, and 16 students if the certified special educator is assisted by two aides.

#18 • You have applied for a teaching position at the Happy Elementary School.

#18 • You have applied for a teaching position at the Happy Elementary School. This school is one of many choices you are considering. Just by chance you notice the following floor plan of the school. The floor plan immediately raises some red flags. What are they and why does this raise concern? What federal or state, or local law applies? • 603 CMR 28. 03(1)(b)

#18 • 603 CMR 28. 03(1)(b) 28. 03: School District Administration and Personnel •

#18 • 603 CMR 28. 03(1)(b) 28. 03: School District Administration and Personnel • (1) General Responsibilities of the School District. • (b) Facilities. The school district shall provide facilities and classrooms for eligible students to maximize the inclusion of such students into the life of the school. Facilities and classrooms serving only students with disabilities shall be at least equal in all physical respects to the average standards of general education facilities and classrooms. Resource rooms and separate classrooms for students with disabilities shall be given the same priority as general education programs for access to and use of instructional and other space in public schools in order to minimize the separation or stigmatization of eligible students.